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Terms of Use

by Social Edge last modified 2007-01-11 17:32

All online services offered to you through the Social Edge™ (“Social Edge”, “we”, “us” or “our”) website (the “Site”) are conditioned on your acceptance of this Agreement (“Agreement”). Your use of the Services acknowledges that you agree to abide by all the terms contained this Terms of Use Agreement (“Terms of Use” or “Agreement”).

Privacy and Protection of Personal Information

Our Privacy Policy, available at Social Edge™ Privacy Policy , describes our data privacy practices and is hereby incorporated into this Agreement.

Membership Accounts

To take full advantage of all the capacities of the services provided through the Social Edge™ website (“Services”), you must register as a member of Social Edge. If you choose to register to become a member, you agree to: (a) supply the information requested in the registration process; (b) to ensure that all the information you supply to us is accurate, and (c) to update your personal. You agree to provide your user identification, real name, your own email address, your professional affiliation and zip code when registering as a member.

During the registration process, you must select a password for your individual account. Your password will not work until you have validated your account by responding to an email you will receive following registration. You agree to protect and maintain the confidentiality of your password. You agree not to share your password with anyone; you will be liable for the conduct of those using your account and password. If we suspect that an unauthorized person is using your account, we may temporarily disable that account to preserve system security. We encourage you to and may change your password at any time. If you learn of any unauthorized use of your account or password, you agree to notify Social Edge immediately.

Amendments to the Terms of Use

We may amend this Agreement at any time by posting the amended terms on our website. All amendments will automatically be effective 30 days after they are initially posted on our website. Your continued use of the Services following the effective date of any amendment constitutes your acceptance of the amendment.

Non-Commercial and Personal Use Only

Unless we otherwise specify, the Services are for your personal, non-commercial use only. Unless expressly permitted by Social Edge, you agree not to solicit funds through or advertise, solicit or sell goods or services through the Site.

You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit access to the Site, any of the Services, or any Content made available on the Site (except of course, the Content you own). “Content” means any work of authorship, listings, postings, messages, text, files, images, photos, video, sounds, or other materials posted on or transmitted through the Site.

Content posted to the Site by other members is for your personal use only and subject to the license grant described below (see heading Postings on the Site). If you want to exercise any rights with respect to the Content that are not granted in the license below, you agree to obtain the necessary permission from the owner(s) of such Content.

Links to Third Party Websites

The Site may contain links to other websites and resources (“Linked Websites”). We do not control and we do not endorse any Linked Websites. Therefore, we are not liable for the availability of the content, services or products found in the Linked Websites.

No Unlawful or Prohibited Uses

You agree not use the Services for any purposes that violate any applicable local, state, federal or international law. You agree not use the Services in any way that could damage, disable, or impair any Services provided by Social Edge (or the network(s) connected to Social Edge), violate the privacy and security of other members, or interfere with any member’s use and enjoyment of any of the Services. You agree not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to Social Edge, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

You agree not to send “Spam” (as that term is defined by applicable law) to or from any account on Social Edge.

You agree to respect the legal rights of other members and third parties and will not infringe any of those rights, including patents, trademarks, trade secrets, copyrights, privacy rights, publicity rights and other proprietary rights.

You agree not to promote Social Edge or any of the Services through Spam messages to third parties.

Use of the Services

The Services include e-mail services, bulletin board services, chat rooms, news groups, forums, and other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are related to that particular Communication Service.

When using any Communication Service, you agree NOT TO:

  • Use it in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, unsolicited messages, off-topic messages, promotion of any product, service, company, website, bulletin board or venture;
  • Defame, libel, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of other members;
  • Post or distribute private information of other members such as their addresses, phone number, Social Security number or credit card number;
  • Post or distribute material or information that are inappropriate, profane, indecent, pornographic, or that violate local, state or federal obscenity laws;
  • Post or distribute any material or information that incites discrimination, hate or violence towards a person or group because of their race, ethnicity, nationality, religion or sexual orientation.
  • Post or distribute instructional information on illegal activities such as hacking, cracking, and phreaking;
  • Post or distribute files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar programs that may damage the operation of computers, telecommunications equipment, or property of another;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material that is uploaded;
  • Create a false identity to mislead others or impersonate any person or entity, including a Social Edge™ employee, agent, forum leader, moderator or host, or falsely state or misrepresent your affiliation with a person or entity; and
  • Forge headers or manipulate identifiers to disguise the origin of any Content transmitted through the Communication Services.

If you violate any provision of this Agreement (including the above terms for using the Communication Services) or create or threaten to create liability for us, as determined in our discretion, we may terminate your account (or any part of it) or ability to access and use any of the Communication Services.

Community Guidelines

You agree to comply with any rules or guidelines posted on the Site by Social Edge, including the Community Guidelines .

You agree that we may establish, in our sole discretion, and you will follow, limitations, rules or general practices concerning use of the Service, such as the maximum number of messages a member may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post.

Postings on the Site

The Services enable members to post Content on the Site (i.e., “your Content”). We disclaim all copyrights to, ownership rights to, responsibility for, and liability for your Content. Each item of Content is the exclusive responsibility of the member who posted or uploaded it. We may, but we have no obligation to, review, pre-screen, and approve any member Content. Please use caution and common sense when viewing Content. You agree to bear any and all risk of reliance on the accuracy, validity or legitimacy of any Content on the Site.

You understand and agree that you will be solely responsible for any Content that you upload or post through the Communication Services. By submitting any Content you warrant and represent to us that you own or have sufficient rights to your Content to grant the licenses provided in this Agreement. You have the right to remove your Content at any time, but the license below will continue despite such removal.

By uploading and submitting Content, you are granting a royalty-free, worldwide, fully sublicenseable license to:

(a) Social Edge, to (1) reproduce, distribute, modify and create derivative works of, publicly display, and publicly perform your Content; and (2) publish your name in connection with your Content.

(b) any and all visitors to the Site (including other members of Social Edge), to reproduce your Content to the extent necessary to use same for personal or internal and noncommercial purposes.

You agree that we will not compensate you for our use of your Content. We are under no obligation to use any Content you provide to us.

We reserve the right, in our sole discretion, to review, restrict access to, or remove any Content without notice. We may also preserve or disclose any Content to: (a) comply with any court order or legal process; (b) enforce this Agreement; (c) respond to claims that certain Content violates the rights of third-parties; or (d) protect the rights, property, or safety of Social Edge, its members, its partners, and the public.

Copyrights to Content

The original author or copyright assignee retains copyrights to all Content. You agree not to copy, modify, republish or distribute Content except with the express permission of the copyright owner.

In addition to the license granted above, in the spirit of free dissemination of information, we encourage copyright owners to grant this permission at the time of posting by including the following language on the posting:

“Copyright © 200_ [owner’s name]. The owner grants permission to redistribute and republish this material so long as it is redistributed and republished in full and with appropriate credit given to the author. All other rights reserved.”

Forums and Conferences

Certain volunteer members of Social Edge may act as hosts or moderators (“Moderators”) of our forums, web casts, web events, and web conferences (“Conferences”). Moderators are not authorized spokespersons or agents for Social Edge, and their statements do not necessarily reflect those of Social Edge.

If you have a complaint about the behavior or Content of another member, you agree to resolve the conflict by directly contacting the responsible party first. If this effort does not resolve your differences and your complaint relates to a specific Conference, please contact the Conference Moderator. Social Edge will not directly mediate conflicts between you and other members.

Although we cannot take responsibility for your behavior or that of other members of the Service, we believe that each member has the right to be treated by other members with respect and courtesy. If you receive disrespectful, discourteous, or demeaning communications from any individual using the Services, we will provide utilities to deny access to private communication from those individuals. You can install these protections at any time. You agree not to attempt to bypass these protections if installed by another member.

Disclaimers

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR: (A) ANY SERVICE ERRORS, OUTAGES, DELAYS OR INTERRUPTIONS; (B) THE UNAVAILABILITY OF PARTICULAR FEATURES OR SERVICES, THE INABILITY TO ACCESS TO OR POST, STORE, AND DELETE MATERIALS ON THE SERVICE; OR (C) INACCURATE OR UNRELIABLE INFORMATION OBTAINED FROM THE SERVICE. ALSO, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA DUE TO YOUR USE OF THE SERVICES. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING YOUR USE OR INABILITY TO USE ANY OF THE SERVICES) EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so these limitations or exclusions may not apply to you.

Account Termination

We reserve the right to refuse access to the Service to anyone and to cancel an account at any time without notice. We will immediately terminate the account of any member that we determine, in our sole discretion, is transmitting any “spam” or other unsolicited bulk email.

Modification and Termination of Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnity

You agree to indemnify us, and our subsidiaries, affiliates, officers, agents, employees, and contractors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, or your violation of any laws, this Agreement, or the rights of any third party.

Copyrights and Trademarks

If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act.

Social Edge™ is a trademark owned by The Skoll Fund. The names of actual companies and products mentioned in the Social Edge™ website may be the trademarks of their respective owners.

Any rights not expressly granted in this Agreement are reserved.

Notices

We may send notices to you may either by email or regular mail. We may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices on the Service.

Agreement

This Agreement constitutes the entire agreement between you and Social Edge with respect to the Service and supersedes all prior agreements and understandings between you and Social Edge. Social Edge’s failure to enforce any provision of this Agreement should not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

This Agreement and your relationship with Social Edge will be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute between the parties will be resolved by arbitration in San Jose, California, under the rules of the American Arbitration Association.

Contact

The Site and the Services are provided by the Skoll Fund; 250 University Ave #200; Palo Alto, CA 94301.

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact:
Social Edge™ Community Manager socialedge@skollfoundation.org
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